EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.

SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC UNEMPLOYMENT ASSISTANCE. (a) In General.—Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is amended— (1) in paragraph (1)— (A) by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and (B) in subparagraph (A)(ii), by striking “December 31, 2020” and inserting “March 14, 2021”; and (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: “(3) Transition rule for individuals remaining entitled to pandemic unemployment assistance as of march 14, 2021.— “(A) In general.—Subject to subparagraph (B), in the case of any individual who, as of the date specified in paragraph (1)(A)(ii), is receiving pandemic unemployment assistance but has not yet exhausted all rights to such assistance under this section, pandemic unemployment assistance shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for pandemic unemployment assistance. “(B) Termination.—Notwithstanding any other provision of this subsection, no pandemic unemployment assistance shall be payable for any week beginning after April 5, 2021.” . (b) Increase in Number of Weeks.—Section 2102(c)(2) of the CARES Act (15 U.S.C. 9021(c)(2)) is amended— (1) by striking “39 weeks” and inserting “50 weeks”; and (2) by striking “39-week period” and inserting “50-week period”. (c) Appeals.— (1) In general.—Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)), as amended by subsections (a) and (b), is amended by adding at the end the following: “(5) Appeals by an individual.— “(A) In general.—An individual may appeal any determination or redetermination regarding the rights to pandemic unemployment assistance under this section made by the State agency of any of the States. “(B) Procedure.—All levels of appeal filed under this paragraph in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands— “(i) shall be carried out by the applicable State that made the determination or redetermination; and “(ii) shall be conducted in the same manner and to the same extent as the applicable State would conduct appeals of determinations or redeterminations regarding rights to regular compensation under State law. “(C) Procedure for certain territories.—With respect to any appeal filed in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau— “(i) lower level appeals shall be carried out by the applicable entity within the State; “(ii) if a higher level appeal is allowed by the State, the higher level appeal shall be carried out by the applicability entity within the State; and “(iii) appeals described in clauses (i) and (ii) shall be conducted in the same manner and to the same extent as appeals of regular unemployment compensation are conducted under the unemployment compensation law of Hawaii.” . (2) [15 U.S.C. 9021 note] Effective date.—The amendment made by paragraph (1) shall take effect as if enacted as part of division A of the CARES Act (Public Law 116-136), except that any decision issued on appeal or review before the date of enactment of this Act shall not be affected by the amendment made by paragraph (1). (d) Waiver Authority for Certain Overpayments of Pandemic Unemployment Assistance.—Section 2102(d) of the CARES Act (15 U.S.C. 9021(d)) is amended by adding at the end the following: “(4) Waiver authority.—In the case of individuals who have received amounts of pandemic unemployment assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that— “(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and “(B) such repayment would be contrary to equity and good conscience.” . (e) [15 U.S.C. 9021 note] Hold Harmless for Proper Administration.—In the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 the CARES Act (15 U.S.C. 9021) as of the day before the date of enactment of this Act and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by section 206(b) of this subtitle, any payment of pandemic unemployment assistance under such section 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by the Secretary of Labor, that should have been made under such section 2107 shall not be considered to be an overpayment of assistance under such section 2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section 2107 for the same week of unemployment. (f) [15 U.S.C. 9021 note] Limitation.—In the case of a covered individual whose first application for pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) is filed after the date of enactment of this Act, subsection (c)(1)(A)(i) of such section 2102 shall be applied by substituting “December 1, 2020” for “January 27, 2020”. (g) [15 U.S.C. 9021 note] Effective Date.—The amendments made by subsections (a), (b), (c), and (d) shall apply as if included in the enactment of the CARES Act (Public Law 116-136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.